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DECREE No

DECREE No.78/2000/ND-CP OF DECEMBER 26, 2000 ON PETROL AND OIL CHARGES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the State Budget Law of March 20, 1996;

At the proposal of the Minister of Finance,

DECREES:

Article 1.- Subject to petrol and oil charges shall be petrol, lubricant oil and grease delivered and sold in Vietnam.

Article 2.- Payers of petrol and oil charges shall be organizations and individuals, importing (including entrusted importation); producing or processing petrol and oil of various kinds prescribed in Article 1 of this Decree.

Article 3.- Petrol and oil charges shall be collected in lump sum when delivering and selling the petrol and oil volume imported, produced or processed at the following rates:

1. Petrol of various kinds: VND 500/liter (five hundred Vietnam dong/liter).

2. Diesel: VND 300/liter (three hundred Vietnam dong/liter).

3. For kerosene, fuel oil and lubricants, the charges shall not be collected yet.

Article 4.- Organizations and individuals engaged in the import, production or processing of petrol and oil (referred collectively to as petrol and oil business) shall have the following responsibilities:

1. To declare petrol and oil charges to be paid monthly to the tax bodies within the first 10 days of the subsequent month according to the set form, ensuring the accuracy of such declaration.

2. To pay in full and on time the petrol and oil charge amounts into the State budget under the notices issued by the tax offices, but not later than the 25th day of the subsequent month.

3. To make annual final settlement of petrol and oil charges with the tax offices. Within 60 days after the year end, to submit final settlement report of petrol and oil charges to the tax offices and fully remit the outstanding petrol and oil charge amounts into the State budget within 10 days after submitting the final settlement report, the overpaid charge amounts shall be deducted from the petrol and oil charge amount to be paid in the subsequent period.

Article 5.- The tax offices shall have the following tasks and powers:

1. To inspect and urge organizations and individuals engaged in petrol and oil business to declare and pay petrol and oil charges in strict accordance with the provisions of this Decree.

2. To calculate and notify organizations and individuals engaged in petrol and oil business of the petrol and oil charge amounts to be remitted into the State budget as prescribed.

3. To examine and inspect the declaration, payment and final settlement of petrol and oil charges; to request petrol and oil charge payers to supply their accounting books, vouchers and other dossiers or documents relating to the calculation and payment of petrol and oil charges in cases of examination and inspection by tax offices and upon detection of signs of violating this Decree by charge payers.

4. To handle administrative violations concerning petrol and oil charges according to their competence prescribed in Article 21 of the Government�s Decree No. 04/1999/ND-CP of January 30, 1999 on charges and fees belonging to the State budget.

Article 6.- The entire petrol and oil charge amount remitted into the State budget shall be managed by the central budget, and used according to the provisions of the current State Budget Law.

Article 7.- Organizations and individuals being payers of petrol and oil charges, that violate the provisions of this Decree, shall be sanctioned according to the provisions of Article 18 and Article 20 of the Government�s Decree No. 04/1999/ND-CP of January 30, 1999 on charges and fees belonging to the State budget.

Article 8.- This Decree takes effect as from January 01, 2001; to annul the Government�s Decree No. 186/CP of December 7, 1994 on the collection of traffic fees through the sale prices of petrol and oil and other previous stipulations, which are contrary to this Decree.

Article 9.- The Minister of Finance shall guide the implementation of this Decree.

Article 10.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People�s Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister
NGUYEN TAN DUNG